Arleen Theres Keithley v. the State of Texas

In The
Court of Appeals
Seventh District of Texas at Amarillo

No. 07-24-00220-CR

ARLEEN THERES KEITHLEY, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 287th District Court
Bailey County, Texas
Trial Court No. 3296, Counts I & II; Honorable Kathryn H. Gurley, Presiding

July 30, 2024
ORDER OF ABATEMENT AND REMAND
Before QUINN, C.J., and PARKER and YARBROUGH, JJ.

Appellant, Arleen Theres Keithley, appeals her convictions for possession of a

controlled substance1 and abandoning or endangering a child.2 The trial court sentenced

Appellant to twelve years of confinement for possession of a controlled substance and to

ten months of confinement for abandoning or endangering a child, with the sentences to

1 See TEX. HEALTH & SAFETY CODE ANN. § 481.115(d).

2 See TEX. PENAL CODE ANN. § 22.041(f).
run concurrently. The appellate record was due July 8, 2024. The clerk’s record has

been filed. However, Appellant has yet to make payment arrangements for the reporter’s

record. By letter of July 16, 2024, we directed Appellant to make the necessary payment

arrangements by July 26 or we would remand the cause to the trial court for further

proceedings. See TEX. R. APP. P. 20.2, 37.3(a)(2). On July 26, Appellant notified the

Court that she has filed a motion for a free reporter’s record with the trial court and a

hearing is scheduled for August 7, 2024.

Accordingly, we abate the appeal and remand the cause to the trial court to rule

on Appellant’s pending motion for a free reporter’s record. In doing so, the trial court shall

determine the following:

1. whether Appellant still desires to prosecute the appeal;

2. whether Appellant is indigent;

3. whether Appellant is entitled to have the reporter’s record furnished without
charge pursuant to Rule of Appellate Procedure 20.2; and

4. if Appellant is not entitled to have the reporter’s record furnished without
charge, the date Appellant will make acceptable payment arrangements for
the reporter’s record.

The trial court is also directed to enter such orders necessary to address the

aforementioned questions. So too shall it include its findings on those matters in a

supplemental record and cause that record to be filed with this Court by September 3,

2024.

It is so ordered.

Per Curiam

Do not publish.

2